Importers lauded the Animal and Plant Health Inspection Service’s proposal to create a de minimis exemption from Lacey Act declaration requirements, but called for the agency to allow flexibility in how products may qualify, in recently submitted comments on the APHIS proposed rule. But commenters criticized a proposed requirement for declarations to be submitted within three days after importation, instead urging APHIS to harmonize the timeline with other agencies’ import requirements.
President Donald Trump tweeted over the weekend that Canada doesn't need to be in a new NAFTA. "There is no political necessity to keep Canada in the new NAFTA deal. If we don’t make a fair deal for the U.S. after decades of abuse, Canada will be out. Congress should not interfere w/ these negotiations or I will simply terminate NAFTA entirely & we will be far better off..." Trump's leaked boasts about Canada only being able to rejoin NAFTA on his terms may have momentarily derailed negotiations (see 1808310030).
The increase to the de minimis value threshold in Mexico as part of the U.S.-Mexico trade deal (see 1808270032) is good news for small companies, eBay said in a news release. "This allows low-value shipments to cross borders with minimum effort, allowing for stronger global trade" and "the eBay Government Relations team has long advocated that countries raise their de minimis thresholds to promote trade," it said. The trade deal would double Mexico's de minimis to $100, though it is still well below the U.S. de minimis of $800. "This decision is a positive step forward for promoting trade and economic opportunities for small businesses," eBay said.
Several trade lawyers see Chapter 19, dairy and steel and aluminum tariffs as the thorniest issues to resolve as Canada is invited to negotiate NAFTA this week. Dan Ujczo, chairman of the U.S.-Canada practice at Dickinson Wright, said that Mexico is considering agreeing to voluntary quotas in steel and aluminum, but that an agreement is "highly unlikely" this week, before the bilateral deal is forwarded to Congress on Aug. 31. "Canada may be able to raise the issue in its discussions; however, progress will be unlikely, given the long list of issues," he wrote in a note to clients. He predicted that the end of aluminum and steel tariffs on NAFTA partners -- and the dropping of their retaliatory tariffs -- will happen during the 90-day review in Congress.
The U.S. and Mexico agreed to a major step forward in talks to renew the trade relationship between the countries in NAFTA, the White House announced on Aug. 27. Canada remains on the outside of the deal but that country will begin similar discussions with the U.S. as soon as Aug. 27, a senior administration official said during a call with reporters. The U.S. and Mexico will use an "alternative" sunset provision to allow for more frequent reviews of the deal, another official on the call said.
ATLANTA -- CBP will sometime in the next month be providing a document outlining the policies of its partner government agencies (PGAs) for Section 321 shipments, said Danielle Pierson, a CBP international trade specialist, at the agency’s 2018 Trade Symposium on Aug. 15. Developed by a working group of the Border Interagency Executive Council, the document will be distributed via CSMS message, she said.
ATLANTA -- CBP auditors plan to work with a Center of Excellence and Expertise to provide more information "very soon" to industry on keeping in compliance with recent safeguard tariffs, Thomas Jesukiewicz, Long Beach field director in CBP's Regulatory Audit office. "My office and another office will be addressing one of the safeguards with a CEE, going out and start providing informed compliance and getting you ready," he said. Jesukiewicz and other CBP auditors spoke during a panel discussion at the CBP 2018 Trade Symposium on Aug. 15.
ATLANTA -- China's inaction in the face of accusations of unfair trade practices continues to drive the dispute between it and the U.S., Deputy U.S. Trade Representative Jeffrey Gerrish said while speaking at the CBP 2018 Trade Symposium on Aug. 15. "I recognize that many of you may have concerns about the tariffs being imposed. However, I can assure you these actions were not taken lightly," he said. The tariffs follow many years of failed discussions with the Chinese, including under the current administration, "in which the Chinese had repeatedly made commitments to correct their harmful, unfair and distortive actions and then refused to honor those commitments," he said.
ATLANTA -- An initiative to allow foreign-trade zones to take part in e-commerce distribution is in the early stages after CBP ruled that the role of FTZs is limited, said Jim Swanson, CBP director-cargo and conveyance security and controls, during a panel discussion at the CBP 2018 Trade Symposium on Aug. 14. "We have had discussions with key folks out there at both the Hill and from the various associations where there's a lot of discussion going on about what that really means and what the path forward is for potentially" allowing FTZs to "participate in this." CBP recently ruled that the Section 321 entry exemptions do not apply to bulk shipments sent to FTZs that are broken up for individual consumption entries below the $800 de minimis level prior to a consumer order (see 1807180022).
President Donald Trump said in a tweet on Aug. 10 that a deal with Mexico is nearly in hand. Canada will have to wait, and he plans to put heavy pressure on Canadian officials to make concessions, because "their Tariffs and Trade Barriers are far too high," he said. "Will tax cars if we can’t make a deal!"